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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Surya Nita
School of Strategic and Global Studies, Universitas Indonesia, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING Gholib Yudha Mawaridi; Surya Nita; Eva Achjani Zulfa
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.680

Abstract

Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.
The Impact of Implementing Investigative Certification at the Directorate of General Crime Actions of Criminal Investigation Agency Indonesia National Police Ajeng Nuranisha Pratiwi; Surya Nita; Vita Mayastinasari
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1554

Abstract

The aim of this research is to analyze the implementation of investigator certification in the Directorate of General Crimes at Bareskrim Polri and to analyze the impact of investigator certification on competence and performance in this Directorate. This research uses a qualitative research method, with Total Quality Management theory as the analytical framework. The results of the study show that the implementation of investigator certification in the Directorate of General Crimes at Bareskrim Polri aims to improve the technical, ethical, and legal competence of investigators in law enforcement, including handling complex cases such as cybercrime and corruption. The certification process includes special training, competency assessment, and the awarding of certificates after evaluations involving case simulations, written exams, and interviews. This certification significantly impacts the improvement of investigators' technical skills, legal knowledge, and analytical abilities, as well as helping to reduce administrative errors and increase the speed and quality of investigations. However, challenges such as uneven training and delays in issuing certificates can slow down law enforcement and hinder the equitable distribution of competence. Therefore, to maximize the impact, improvements in the certification process, budget allocation, continuous evaluation of training modules, and ensuring equal distribution of training are needed so that investigators have the necessary competencies, which in turn supports professional, transparent, and fair law enforcement.
Co-Authors Ajeng Nuranisha Pratiwi Eva Achjani Zulfa Gholib Yudha Mawaridi Vita Mayastinasari